The State authorities shall further not pursue the impugned orders under Section 188 against the proprietor: High Court Of Sikkim
It was directed that the State Authorities shall not pursue the impugned orders. The Hon’ble High Court of Sikkim before the Hon’ble Mr. Justice Bhaskar Raj Pradhan in the matter of Krishna Kumari Chettri vs. State of Sikkim[W.P. (Crl.) No.01 of 2020].
It appears a writ petition against the State-respondents was filed by the petitioner. An impugned order dated 23.05.2020 aggrieved the petitioner which was issued under the respondent’s signature. It was alleged that the petitioner who runs Body Vibes Gym, Rangpo Bazar, violated prohibitory orders and directives and was non-compliance with the Standard Operating Procedure for social distancing. The execution of powers under Section 51(b) of the Disaster Management Act, 2005 (the Act) read with Section 3 (b) of the Sikkim Public Health and Safety (Covid-19) Regulations, 2020 directed the sealing of the said premise, was directed under the impugned order.
On 17 September 2020, the court heard the petitioner, and the impugned order dated 23 May 2020 was stayed. Thereby, the said gym was opened and continued its activities.
The Hon’ble High Court of Sikkim held “… Taking cognizance of the categorical statement of the learned Additional Advocate General this court directs that the State authorities shall not pursue the impugned orders and close the files relating to them as well as FIR No. 20 of 2020 lodged on 20.06.2020 under Section 188 IPC against the proprietor of Body Vibes Gym, Rangpo Bazar at the Rangpo police station. The writ petition stands disposed accordingly.”
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Judgment reviewed by Bipasha Kundu